Employee vs. Employer Contributions
The Sebago Technics, Inc.. Section 401(k) Profit Sharing Plan and Trust likely includes contributions made by both the employee (participant) and the employer. In divorce, both types of contributions may be subject to division—but here’s the catch:
- Employee contributions are always 100% vested and typically divided based on the date of marriage to date of separation.
- Employer contributions may be subject to a vesting schedule. That means only the vested portion is divisible at the time of divorce.
A proper QDRO should clearly state which portions count and what timeframe applies. We help you determine what is divisible under state law for your situation.

